Retained Realty Inc. v Zwicker

[*1] Retained Realty Inc. v Zwicker 2014 NY Slip Op 51852(U) Decided on December 30, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 30, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
570804/14

Retained Realty Inc., Petitioner-Appellant,

against

Ursula Zwicker, Respondent-Respondent, - and - John Doe and Jane Doe, Respondents.

Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), entered October 9, 2013, which denied its motion for summary judgment of possession and granted the cross motion of respondent Zwicker to dismiss the petition in a holdover summary proceeding.

Per curiam.

Order (Sabrina B. Kraus, J.), entered October 9, 2013, affirmed, with $10 costs, for the reasons stated by Sabrina B. Kraus, J. at Civil Court.

We agree that a licensee holdover proceeding, predicated upon a 10—day notice to quit, does not lie in the facts and circumstances of record, where respondent Zwicker entered into possession of the apartment premises as a tenant pursuant to a proprietary lease agreement (see Federal Home Loan Mtge. Assn. v Perez, 40 Misc 3d 1 [App Term 9th and 10th Jud. Dists 2013]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: December 30, 2014